Statutes Proper (Legislative Enactments)

A statute is an act of the Legislature as an organized body, expressly in the formed and passed according to procedure required to constitute it as part of the law of the land.The Statutes of the Philippines are found in the various enactment of the Phil. Legislature since its creation in 1900. From the establishment of the American Civil Goverment from 1900-1935, there were 4275 laws known as ACTS by Phil. Commission and by its bicameral successor, the Phil Legislature. The Commonwealth Period witnessed 733 Statutes called Commonwealth Acts, while 6635 Republic Acts Legislated from July 4, 1946 to Sept. 21, 1972.

Malolos Republic, 1899 1901

The first Filipino legislature was convened on September 15, 1898 in Barasoain Church, Malolos, Bulacan. Later known as the Malolos Republic, it drafted the first constitution of the Philippines, which was also the first democratic constitution in Asia. The Congress included delegates from different provinces of the Philippines, some elected and some appointed. It was a short-lived legislature, unable to pass any laws due to the onset of the Philippine-American War. The first Philippine Republic was ended on March 23, 1901 with the capture of President Emilio Aguinaldo in Palanan, Isabela.

Philippine Commission, 1899 1916

In 1899, United States President William McKinley appointed a commission led by Dr. Jacob Schurman to study and investigate the conditions in the Philippine Islands. This would be known as the First Philippine Commission. It was followed by another investigative commission led by William Howard Taft in 1900, which also had limited legislative and executive powers. From 1901 onwards, the Philippine Commission would be regularized. It exercised both executive and legislative powers, with three Filipino delegates, namely Benito Legarda, Trinidad Pardo de Tavera, Jose Luzuriaga. After the organization of the Philippine Assembly (see below) in 1907, the Commission stayed on as the upper house of the Legislature.

Statutes are enactments of the different legislative bodies since 1900 broken down as follows:

LEGISLATION OF THE PHILIPPINES (1900-present)

PERIODLegislative AuthorityName of StatutesNumber of Statutes Enacted

1900-1935Phil. Commission

Phil. AssemblyActs4275

1935-1946National Assembly

CongressCommonwealth Acts733

1972-1986Marcos as Legislator under Martial LawPresidential Decrees2034

1978-1986Batasang PambansaBatas Pambansa884

1986-1987President Aquino as Legislator in the Revolutionary Gov.tExecutive Order302

1946-1972, 1987-2009CongressRepublic Acts9547

Statute Enactment from 1900-1935:The seventy-five percent of the laws promulgated during that time were related to the reorganization of the national and local governments clearly shows that the establishment of the foundation for colonial rule was the primary concern of the Commission during the first year of the Taft era and the 30 percent laws passed were appropriations to pay certain expenses not covered by the General Appropriations Act, including salaries of government employees, burial benefits for victims of the war, funds for the construction of roads and bridges, and other miscellaneous expenses.The Philippine Legislature under Insular Government consists of:

1. Philippine Commission-appointed upper house.

2. Philippine Assembly- elected lower house.

These bodies were the predecessors of the Philippine Senate and Philippine House of the Philippine Congress.

Statute Enactment from 1935-1942-Commonwealth Period

The President shall submit within fifteen days of the opening of each regular session of the Congress a budget of receipts and expenditures, which shall be the basis of the general appropriations bill

All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein; and any such provision or enactment shall be limited in its operation to such appropriation.

Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; but if not, he shall return it with his objections to the House where it originated, which shall enter the objections at large on its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent together, with the objections, to the House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas and nays, and the names of the Members voting for and against shall be entered on its Journal. If any bill shall not be returned by the President as herein provided within twenty days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the Congress by adjournment prevent its return, in which case it shall become a law unless vetoed by the President within thirty days after adjournment. The President shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. When a provision of an appropriation bill affects one or more items of the same, the President cannot veto the provision without at the same time, vetoing the particular item or items to which it relates. The item or items objected to shall not take effect except in the manner heretofore provided as to bills returned to the Congress without the approval of the President. If the veto refers to a bill or any item of an appropriation bill which appropriates a sum in excess of ten per centum of the total amount voted in the appropriation bill for the general expenses of the Government for the preceding year, or if it should refer to a bill authorizing an increase of the public debt, the same shall not become a law unless approved by three-fourths of all the Members of each House.

The President shall have the power to veto any separate item or items in a revenue of tariff bill, and the item or items shall not take effect except in the manner provided as to bills vetoed by the President.

No bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill.

No bill shall be passed by either House unless it shall have been printed and copies thereof in its final form furnished its Members at least three calendar days prior to its passage, except when the President shall have certified to the necessity of its immediate enactment. Upon the last reading of a bill no amendment thereof shall be allowed, and the question upon its passage shall be taken immediately thereafter, and the yeas and nays entered on the Journal.

Statute Enactment from 1971-1987 under Martial LawDuring Martial Law, President Marcos and the Batasang Pambansa (Parliament) were issuing laws at the same time. Presidential Decrees- issued by President Marcos

and Batas Pambansa-issued by the Philippine Parliament.

During Martial Law, aside from Presidential Decrees, the President promulgated other issuances namely:

1. 57 General Orders

2. 1,525 Letters of Instruction

3. 2,489 Proclamations

4. 832 Memorandum Order

5. 1,297 Memorandum Circular

6. 157 Letter of Implementation

7. Letter of Authority

8. Letters of Instruction

9. 504 Administrative Order

10. and 1,093 Executive Orders.

As previously stated, the Presidential Decrees issued by Pres. Marcos during Martial Law and the Executive Orders issued by Pres. Aquino before the opening of Congress may be classified as legislative acts for there was no legislature during those two periods.

RA No. 6636- first law passed by the new 1987 Congress.

RA No. 6635- was the last Republic Act promulgated by Congress before Martial Law.The following are the Philippine codes adopted from 1901 to present:

1. Child and Youth Welfare Code

2. Civil Code

3. Comprehensive Agrarian Reform Code

4. Coconut Industry Code

5. Code of Commerce

6. Cooperative Code

7. Corporation Code

8. Family Code

9. Fire Code

10. Forest Reform Code

11. Intellectual Property Code

12. Labor Code

13. Land Transportation and Traffic Code

14. Local Government Code

15. Muslim Code of Personal Laws

16. National Building Code

17. National Code of Marketing of Breast-milk Substitutes and Supplements

18. National Internal Revenue Code

19. Omnibus Election Code

20. Philippine Environment Code

21. Revised Administrative Code

22. Revised Penal Code

23. Sanitation Code

24. State Auditing Code

25. Tariff and Customs Code

From the above list of codes, recently amended is the Fire Code of the Philippines, Republic Act No. 9514 An Act Establishing a Comprehensive Fire Code of the Philippines Repealing Presidential Decree No. 1185 and for Other Purposes, Approved by the President on December 19, 2008.Statute Enactment from 1987 to Present:

The House of Representatives prepared the procedure on how a bill becomes a law. This procedure is pursuant to the Constitution and recognized by both Houses of Congress. To better appreciate the procedure, a diagram was prepared by the House of Representatives.Laws passed by the bicameral legislature would restore Republic Acts, as the laws were named in the Third Republic (1946-1972). Moreover, it was decided to maintain the old count, taking up where the last pre-Martial Law Congress left off. Thus, the last Congress under the 1935 Constitution was the Seventh Congress, and the First Congress under the 1987 Constitution became the Eighth Congress.

Administrative Rules and Regulations:

Administrative Rules and regulations are orders, rules and regulations issued by the heads of Departments, Bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction to assist the President in the performance of his executive function. The Head of the Department and Head of Bureaus and other Agencies are authorized to issue orders, rules and regulations for the proper and efficient performance of their duties and functions for the effective enforcement of the laws within their respective jurisdictions. However, in order that such rules and regulations may be valid, they must be within the authorized limits and jurisdiction of the office issuing them and in accordance with the provisions of the law authorizing their issuance.

Before the effectivity of the Administrative Code of 1987, these rules and regulations are usually published in the Official Gazzette, especially those imposing penalty for violations, before they become effective. Each department, bureau or agency issuing such orders, rules and regulations are expected to keep official records and files thereof and memiographed copies are usually made available to the public.But when the Administrative Code of 1987, was declared effective by Proc. No. 495 (1989), government and departmental orders, rules and regulations need be filed with the Office of National Administrative Register (ONAR) at the UP Law Center and published them in the quarterly publication called The National Administrative Register.

All government agencies are required to file their rules and regulations with the ONAR. The exceptions to this requirement are: Congress, the Judiciary, the Constitutional Commissions, military establishments in all matters relative exclusively to Armed Forces personnel, the Board of Pardons and Parole, and state universities and colleges. Other sources of administrative rules and regulations include the agencys

annual report, the agencys serial publication issued separately in pamphlet or book form.Administrative rules are officially promulgated agency regulations that have the force and effect of law. Generally these rules elaborate the requirements of a law or policy.